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HomeMy WebLinkAbout21434 - RESOLUTIONS - 10/19/2005 RESOLUTION NO. 21434 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 5.1057, AN APPLICATION BY NEXTEL COMMUNICATIONS, TO CONSTRUCT SIX COMMERCIAL COMMUNICATION ANTENNAS CONCEALED WITHIN A NEW 60 FOOT MONOPOLE AND AN EQUIPMENT SHELTER ON A 1,050 SQUARE, FOOT LEASE AREA AT 19345-65 NORTH INDIAN AVENUE, ZONE HC, SECTION 15, APNs: 666330051 AND 666330053. WHEREAS, Nextel Communications has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for the construction, operation and maintenance of a Nextel Communications commercial communication facility to include a 60 foot tall steel monopole with six concealed antennas and 20' x 11.5' x 10' equipment shelter located at 19345-65 N. Indian Avenue, Zone HC, Section 15; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Conditional Use Permit No.5.1057 was given in accordance with applicable law; and WHEREAS, on September 28, 2005, a public hearing on the application for Conditional Use Permit No. 5.1057 was held by the Planning Commission in accordance with applicable law and recommended for approval; and WHEREAS, on October 19, 2005, a public hearing on the application for Conditional Use Permit No. 5.1057 was held by the City Council in accordance with applicable law; and WHEREAS, a Mitigated Negative Declaration of environmental impacts was drafted for this project pursuant to requirements of the California Environmental Quality Act (CEQA) and routed for the required 20-day public review period, which ended September 24, 2005. Although the project could have significant environmental impacts, mitigation measures were incorporated into the project as conditions of approval, and potentially significant impacts were reduced to less than significant levels; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to CEQA, the City Council adopt the Mitigated Negative Declaration attached hereto, and incorporate the mitigation measures as conditions of project approval, thus reducing all potentially significant impacts to less than significant levels. SECTION 2. Pursuant to Zoning Ordinance Section 94.02.00, the City Council finds that: Resolution No. 21434 Page 2 a. The use applied for at the location set forth in the application is properly one for ' which a conditional use permit is authorized by the City Zoning Ordinance. Pursuant to the Zoning Ordinance, a communications antenna is authorized in the HC Zone pursuant to approval of a Type II Conditional Use Permit. b. The use applied for is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed communications antenna is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. The proposed communications antenna will not have a significant visual impact on its surrounding because of the block wall surrounding the facility, palm trees screening the pole, and the non-glare surface on the monopole. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The site for the communications antennae, a 1,050 square foot lease area at the rear corner of an industrial/warehouse development located at 19345-65 N. Indian Avenue, is adequate in shape and size to accommodate said use, including all features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. Location of and development of the lease area will not affect the functioning of the industrial/warehouse use. d. The site for the proposed use related to streets and highways is properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The site for the proposed communications antennae will not have a direct or indirect impact on streets and highways and is properly designed in the subject area. e. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and , safety. Resolution No. 21434 Page 3 aADOPTED THIS 19" day of October, 2005. David H. Ready, City ger ATTEST: ames Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21434 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on October 19, 2005, by the following vote: AYES: Councilmembers Foat, Mills, Pougnet, Mayor Pro Tern McCulloch and Mayor Oden NOES: None ABSENT: None AI3STAIN: None mes Thompson, City Clerk City of Palm Springs, California Resolution No. 21434 Page 4 Case No. 5.1057 CUP — Nextel Communications ' 19345-65 N. Indian Avenue October 19, 2005 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ' ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1057. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, ' parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and Resolution No. 21434 Page 5 debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. Cultural Resources 4. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 5. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. a) Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning, Department of Public Works, and Department of Parks and Recreation, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director. Resolution No. 21434 Page 6 7. The surface of the entire monopole shall be covered in a non-glare coating to the ' satisfaction of the Department of Planning Services. The non-glare coating shall be clear of any color, and the monopole shall not be painted any color. 8. The block wall surrounding the lease area shall be of a color matching any existing block wall adjacent to the lease area or of a natural sand color to the satisfaction of the Department of Planning Services. 9. No exposed antennas shall be installed on the monopole, only antennas concealed within the pole shall be allowed. 10. Two palm trees of a minimum of 35 feet in height shall be planted within the lease area to best screen the monopole from public view. A water tank shall be installed within the lease area to keep the palm tress in a healthy living condition at all times. General Conditions/Code Requirements 11. The Conditional Use Permit approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Once constructed, the conditional use permit, provided all conditions of approval have been complied with, does not have a time limit and runs with the land. 12. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 13. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 14. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. Building Department 15. Prior to any construction on-site, all appropriate permits must be secured. Fire 16. Provide one 2-A:10-B:C portable fire extinguisher for every 75' of floor or grade travel distance for normal hazards. 17. Building shall be clearly identified on the exterior. (904.1 CFC) ' Resolution No. 21434 Page 7 18. If the equipment shelter is within 15 feet of an existing building, then the built-in fire protection (i.e. fire sprinklers) for that existing building shall be extended to the proposed shelter.